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In my article dated December 11, 2016 (“Altaire v. Paragon Post-Grant Review (PGR): Any Lessons Learned From This Early Pharma PGR?”), I concluded that perhaps the only take-away lesson from the Altaire PGR is to make sure you consider all…
Since 2012, IPRs have emerged as one of the most significant developments in intellectual property. Even if you are already familiar with IPRs, these videos illustrate how actual IPR practitioners might approach some common issues. Introduction to IPRs…
Written by Brenden Gringrich and Jane Xia On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to…
In a Post-Grant Review (“PGR”) at the U.S Patent and Trademark Office (“USPTO”), a petitioner can challenge the validity of a patent on several grounds including prior art, on-sale or public-use activity, and lack of compliance with…
This week our Data Science Team decided to go one step further and review the Institution Denial rate for patents challenged from 2012 through 2015. We learned that similar to case-level analysis we performed last week, the Institution Denial Rate at the…
In Unwired Planet, LLC, v. Google, Inc., [2015-1812] (November 21, 2016) the Federal Circuit vacated and remanded the PTAB’s final written decision in Covered Business Method Patent Review No. 2014-00006, that found the claims of U.S. Patent No.…
Every month the Patent Trial and Appeal Board (PTAB) releases their AIA Trial statistics which includes the Inter-Partes Review (IPR) denial and institution rates as well as other stats. The most recent PTAB stats from October 2016 shows that the IPR…
Patent litigants or other “real parties in interest” are estopped from asserting invalidity challenges in federal court “on any ground that the petitioner raised or reasonably could have raised during the inter partes review [IPR].”…
Several weeks ago we analyzed the IPR data for Q3 which has been steadily rising since September 2012. This week, our Data Science Team decided to look into Covered Business Method (CBM) Review, which is the second most popular type of Patent Office Trial…
Summary The Patent Trials and Appeals Board ruled that Petitioner could not maintain a subsequent proceeding with respect to the same claim on a ground that it “reasonably could have raised” in a prior proceeding despite Petitioner being…
As Q3 of 2016 ended last Friday, we looked at the quarterly numbers for patent litigation in district courts as well as Inter-Partes Review (IPR) challenges filed before the PTAB. In those three months, there were 1,182 patent lawsuits filed in different…
Although it is unclear whether PTAB decisions are given collateral estoppel effect in district court proceedings, PTAB decisions are at least persuasive authority. And as one court observed, “ignoring the PTAB decision entirely smacks of…
